Dallas Defectively Manufactured Products Attorneys
As consumers, we purchase products expecting them to work properly. Sometimes, a product does not work in the way it is supposed to, even when we are using it for its intended purpose. When a product does not work properly, it can cause serious injury to the user. One way in which a product can cause injury and malfunction is if the product has been manufactured defectively. This means that something occurred during the manufacturing process that caused the item to be assembled incorrectly and sold to the consumer in a defective state.
Defective manufacturing can occur in all types of products, including car parts, electrical appliances or equipment, and medication. No matter what type of product caused your injury, if you have sustained a serious injury due to a defectively manufactured product, the lawyers from The Benton Law Firm are here to assist you in recovering the compensation you deserve. Please contact us at (214) 777-7777 or on this website immediately so that we can evaluate your case and advise you of your best options. By pursuing a products liability lawsuit, you may be able to play an important role in keeping manufacturers accountable to sell safe products to consumers across the country.
Do I Need a Defectively Manufactured Products Lawyer?
Product liability is a unique area of the law. Unlike most personal injury claims, which are brought on a negligence basis, most product defect claims are brought under the theory of strict liability. Rather than the burden being on the plaintiff to prove that the defendant caused harm, the burden is instead placed on the defendant to prove that they did not.
While this is intended to make it easier for injured people to recover compensation, it does not mean you won’t need help. In order to be successful, you will need to anticipate and counter any arguments the defendant may raise. You will need substantial evidence and knowledge of the law in order to do this. Preparing properly can be nearly impossible when you are also trying to recover from an injury.
For these reasons, it is essential that you hire a product liability lawyer to help you. While you focus on your health, they can handle all the aspects of your claim. Because they have handled cases like yours before, they will know what defenses the opposition might use and can prepare for them. They can investigate your accident, consult with experts, and negotiate with insurance and other lawyers for you. With a lawyer’s help, you are likely to receive far more in compensation than you would on your own.
Why Choose The Benton Law Firm to Handle My Case?
When you have been seriously injured, it is of critical importance to obtain an experienced attorney to represent your best interests in litigation and settlement negotiations. At The Benton Law Firm, we make it a priority to represent our clients compassionately and with an individual touch to make sure you receive the best outcome possible in your case.
Jeff Benton is the founder of The Benton Law Firm. He started the firm in Dallas, Texas to help individuals in the community who have been injured. Jeff has a reputation for taking on cases that other attorneys have abandoned and obtaining excellent results. Jeff is a member of the Multi-Million Dollar Advocates Forum based on large verdicts he has obtained on behalf of clients. Jeff also has a 10 out of 10 rating on Avvo, the top rating for attorneys. As an attorney fighting for the rights of injured people, Jeff has an incredible track record and treats every case with the utmost care.
The team of attorneys at The Benton Law Firm are dedicated to achieving results when you have been seriously injured because of someone else’s negligence or recklessness. We offer a free evaluation of every possible case to ensure that it has potential for us to obtain results. We also work on a contingency basis, so there is never a fee unless you recover damages for your injuries. If we recover for you, we will be paid only a percentage of the amount you are compensated.
What is a Manufacturing Defect?
Manufacturing defects occur when a product is assembled incorrectly. Products with manufacturing defects have been designed properly, but encountered a problem during production. Manufacturing defects can affect entire batches of products, or individual products.
All types of products are susceptible to manufacturing defects. Even a well-designed product can depart from the intended design when factories are careless. Some common types of products that are involved in manufacturing defect claims include:
- Automobile parts
- Medical devices
- Children’s toys
- Electrical equipment
When an error in manufacturing causes an injury to a consumer, they may file a product liability lawsuit to recover financial compensation.
Proving a Manufacturing Defect Case
In any manufacturing defect case, the flaw in the product must have caused the injury to the consumer. If your car’s brakes are defective and you were in an accident, for example, you would have to prove that the accident was caused by the defectively manufactured brakes instead of poor driving. Therefore, if you were driving too fast for the conditions, you would have to show that this did not cause the accident.
Many product liability cases involving defectively manufactured products are based on a theory of strict liability. This means that the manufacturer is responsible for the product operating safely when it leaves the manufacturer and is put up for sale by a retailer. No matter how careful the manufacturer was to design a safe product and use the correct materials to construct it, the manufacturer is responsible for making a safe product. If a product is used for its intended purposes and causes injury, the manufacturer may be liable.
That said, simply proving that you were injured while using the product is not enough to win compensation. You will still need to prove the following:
- The product contained an unreasonably dangerous defect
- You were using the product in the manner intended at the time of your injury
- The product was in essentially the same condition as it was when it was first sold
When the cause of an injury is not completely clear, it can be difficult to prove products liability for a manufacturing defect. There may be more than one potential cause for a person’s injuries. For example, if you are driving a car with defective brakes, but you are also driving at an unsafe speed, you may have gotten into an accident even if the brakes had been working. This can be considered a contributing factor that may reduce your potential award of damages. An experienced product liability attorney from The Benton Law Firm can evaluate your case and help you understand the potential for recovery in your circumstances.
Often in a manufacturing defect case, your attorney will want to try to use evidence from the defective product itself. This can be difficult where the product is damaged or destroyed in an accident. However, in some cases, if your attorney is arguing about the cause of your injuries, you may be able to use the malfunction doctrine. This doctrine uses circumstantial evidence to demonstrate that a manufacturing defect caused the incident. By eliminating other possible causes of your injuries, your attorney can argue that a defect in the product must have caused you harm.
Compensation in a Manufacturing Defect Case
In a successful products liability case based on a manufacturing defect, you can recover compensation for your damages. If the manufacturer is liable for your injuries, you deserve to be made whole again to the extent possible. This means that you may be entitled to recover for both economic and noneconomic damages, including:
- Medical expenses, past and future, such as emergency room visits, surgeries, doctor appointments, medications, medical devices, and more
- Property damage, such as if the defective product started a fire in your home
- Lost wages, if you missed work while recovering from your injuries
- Lost earning potential, if your injuries will prevent you from returning to work at the same pay or hours as before
- Rehabilitative costs, including both physical and emotional therapy
- Disfigurement and disability compensation
- Pain and suffering, for loss of enjoyment of life, loss of consortium, and mental anguish
Additionally, if your loved one was killed due to a defective product, you may also be able to pursue a wrongful death claim on their behalf. Through this claim, you may be able to recover compensation for losses such as medical expenses up to their death, funeral and burial costs, lost financial support, lost emotional support, and more. Only certain family members are eligible to file wrongful death suits, so contact The Benton Law Firm to learn if this is an option for you.
Contact Us Today
If a defectively manufactured product has seriously injured you or someone you love, the product liability attorneys at The Benton Law Firm are prepared to evaluate your case and the potential you have for recovery. You may be entitled to compensation for your medical expenses, lost wages, and physical and psychological pain and suffering. Contact us at (214) 777-7777 or on this website today for a free evaluation.